Introduction
This booklet is intended to provide information for witnesses in a civil court case in either the Court of Session or the sheriff court.It includes:
- general information on civil courts and the help available for witnesses;
- general information on additional support provisions that may be available to those who are regarded by the court to be particularly vulnerable witnesses, including child witnesses;
- a glossary of some of the words you might come across.
This booklet is not intended for witnesses in children's hearings court proceedings as there is a specific booklet for witnesses attending this particular type of court case.
'Civil court cases' covered in this booklet are any non-criminal case in either the Court of Session or the sheriff court. Civil cases concern many different types of issues. Most civil cases involve disputes between people and/or organisations. For example they may be cases involving divorce, parental responsibilities and parental rights, adoption, bankruptcy, property disputes and debt/damages claims.
They also include Fatal Accident Inquiries. A Fatal Accident Inquiry is a statutory public inquiry that is conducted by the Procurator Fiscal into the circumstances of a death. More information on Fatal Accident Inquiries is available on the Crown Office website http://www.crownoffice.gov.uk/About/roles/pf-role/investigation-deaths/fatal-accident.
In a civil case, in general, the party or parties bringing the case forward need to prove that it is more likely than not, that whatever they are claiming is true.
This standard of proof is known as 'on the balance of probabilities' and is less rigorous than the standard of proof of 'beyond reasonable doubt' that applies in criminal cases.
A glossary of some of the words used in civil court proceedings can be found at the back of this booklet.